Hi everyone, I am on a UK spouse visa and I have been receiving child benefit for more than two years now and, soon I will be applying for my child’s 30 hour funding. I just wonder if I am allowed to claim these benefits as I know these are public funds? Will this affect my ILR application next year? My BRP card says “no recourse to public funds” My child is a British Citizen. Thank you very much!
I don't think you are entitled to Child Benefit until you are on ILR. Your husband should have been claiming it. I don't know about "30 hour funding".
Key issue as I understand it is that the child is British which I understand is one of the exemptions and does allow her to claim it. If child was Filipino then her husband would have to claim it. Think the 30 hours is a joint claim but best for husband to claim and add her to the claim as I believe you have to apply jointly. Again as a joint claim I believe this is an exemption.
You may find link useful https://www.gov.uk/government/publications/public-funds Direct to document https://assets.publishing.service.g...nt_data/file/772305/Public_funds_v14.0ext.pdf I asked a similar question as wanted to see if anyone had issues when husband applied for child benefit for stepchildren as always thinking of next visa application. There are advantages to applying for child benefit in your name as get NI credits but do have to be very careful and ensure you have coverage under exemptions.
The thing is, this is my second FLR M spouse visa and I am sure I included documents in my application that shows I am receiving child benefit since 2016 and they granted me the visa. However I have this second thought that maybe the Home Office didn’t see the documents. It also shows on my bank statements every month.
You are fine with claiming child benefit and as previously stated this ensures you are attaining National Insurance Credits that go towards qualifying for UK state pension. To qualify to receive any state pension requires 10 credits. A single credit is equivalent to having paid approx £724 national insurance contributions. If you wish to check that you are receiving credits, the apply online for a National Insurance statement https://www.tax.service.gov.uk/shortforms/form/NIStatement Suggest request statement for period from year you entered uk till last tax year.
It makes no difference. You cannot claim child benefits on a spouse visa. If you state your current position properly when you apply for it they will refuse it. https://www.gov.uk/government/publications/public-funds--2/public-funds It needs to be applied for by the British spouse and in their name.
This link provides details regarding public funds and exceptions https://www.gov.uk/government/publications/public-funds Page 18 is of interest 'Exceptions because of nationality of family member' and pages 19 & 20
however there are exceptions that apply that allow foreign partners to british citizen to be eligible. http://www.british-filipino.com/index.php?threads/child-benefit-and-spouse-visa.17076/#post-194277 Makes sense as the child benefit is ultimately for the british child.
Thanks for posting those. That's really interesting. Our daughter was born 2 weeks before ILR was granted. When we applied for Child Benefit, we received a letter saying we couldn't claim for the first 2 weeks as my wife was still on Further Leave to Remain at that time. So we only started getting Child Benefit from when she was about 2 weeks old. It seems they don't even know their own rules!
Maybe it was a case of timing, as it was occurring between visa applications and no assurance that ILR being granted? My wife is presently at FLR(M) and has claimed child benefit in addition gained National Insurance credits and just recently been made aware by child benefits of future claiming 30 hours free childcare (yet to be pursued further)
As you say there’s no problem applying for Child Benefit. If anyone still has any concerns that can easily be resolved by the British parent applying.
